Case Note & Summary
The judgment involves two writ petitions: one filed by the management (Madha Taluka Shikshan Prasarak Mandal and K.N. Bhise Arts & Commerce College) challenging the order of the College Tribunal, Pune, and the other filed by the teacher (Prashant Kamlakar Narkhade) seeking implementation of the Tribunal's order. The teacher was appointed as a Shikshan Sevak (probationary teacher) on 1 July 2011. His services were terminated on 30 June 2012 without any prior notice or approval. The teacher filed an appeal before the College Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act). The Tribunal allowed the appeal, setting aside the termination and directing reinstatement with continuity of service and back wages. The management challenged this order in Writ Petition No.11074 of 2015, while the teacher sought enforcement in Writ Petition No.10207 of 2015. The main legal issues were whether the M.E.P.S. Act applies to Shikshan Sevaks, whether prior approval under Section 5 is required for termination, and whether the Tribunal had jurisdiction. The court held that the M.E.P.S. Act applies to all teachers, including Shikshan Sevaks, and that termination without prior approval is illegal. The court dismissed the management's petition and allowed the teacher's petition, directing compliance with the Tribunal's order within four weeks.
Headnote
A) Service Law - Termination of Teacher - Shikshan Sevak - Prior Approval - Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The termination of a teacher appointed as Shikshan Sevak without obtaining prior approval from the appropriate authority under Section 5 of the M.E.P.S. Act is illegal and void. The court held that the provisions of the M.E.P.S. Act apply to Shikshan Sevaks and termination without following the procedure is unsustainable. (Paras 10-12) B) Service Law - Jurisdiction of College Tribunal - Appeal against Termination - Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The College Tribunal has jurisdiction to entertain an appeal against the termination of a teacher appointed as Shikshan Sevak. The court held that the Tribunal's order reinstating the teacher with continuity of service and back wages was within its powers. (Paras 13-15) C) Service Law - Probation - Termination during Probation - Shikshan Sevak - The period of probation does not give the management an unfettered right to terminate services without following the procedure under the M.E.P.S. Act. The court held that even during probation, the teacher is entitled to protection under the Act. (Paras 10-12)
Issue of Consideration
Whether the termination of a teacher appointed as Shikshan Sevak without prior approval under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is legal and whether the College Tribunal has jurisdiction to entertain an appeal against such termination.
Final Decision
The court dismissed Writ Petition No.11074 of 2015 filed by the management and allowed Writ Petition No.10207 of 2015 filed by the teacher, directing the management to comply with the Tribunal's order within four weeks.
Law Points
- Termination of a teacher appointed as Shikshan Sevak requires prior approval under Section 5 of the M.E.P.S. Act
- 1977
- even if the appointment is probationary
- the period of probation cannot be used to terminate services without following the procedure
- the Tribunal has jurisdiction to entertain appeals under Section 9 of the M.E.P.S. Act
- 1977.
